Not very many years ago the Philadelphia dailies told us (and while we cannot believe all of what they say, and are bound to believe that such cases are exceptional, yet the bare facts were true) that Judge Gordon ordered an investigation into the workings of the Eastern Penitentiary officials; and it was found that an insane man had been put into a cell with two sane ones, and when he cried in his insane way and the two asked that he be put elsewhere, the warden gave them a strap to whip him with; and they tied him in some way to the heater, with the strap, so that his legs were burned when he moved; all scarred with the burns he was brought into the court, and the other men frankly told what they had done and why they had done it. This is the way they reform men. Do you think people come out of a place like that better? with more respect for society? with more regard for the rights of their fellow men? I don't. I think they come out of there with their hearts full of bitterness, much harder than when they went in. That this is often the case is admitted by those who themselves believe in punishment, and practice it. For the fact is that out of the Criminaloid class there develops the Habitual Criminal, the man who is perpetually getting in prison; no sooner is he out than he does something else and gets in again. The brand that at first scorched him has succeeded in searing. He no longer feels the ignominy. He is a "jail-bird," and he gets to have a cynical pride in his own degradation. Every man's hand is against him, and his hand is against every man's. Such are the reforming effects of punishment. Yet there was a time when he, too, might have been touched, had the right word been spoken. It is for society to find and speak that word. This for prison and exile. Hanging? electrocution? These of course are not for the purpose of reforming the criminal. These are to deter others from doing as he did; and the supposition is that the severer the punishment the greater the deterrent effect. In commenting upon this principle Blackstone says: "We may observe that punishments of unreasonable severity ... have less effect in preventing crimes and amending the manners of a people than such as are more merciful in general...." He further quotes Montesquieu: "For the excessive severity of laws hinders their execution; when the punishment surpasses all measure, the public will frequently, out of humanity, prefer impunity to it." Again Blackstone: "It is a melancholy truth that among the variety of actions which men are daily liable to commit, no less than one hundred and sixty have been declared by act of Parliament to be felonies ... worthy of instant death. So dreadful a list instead of diminishing _increases_ the number of offenders."